Depending on the circumstances, it may also be appropriate to take other action under the Act, such as issuing an improvement notice or an enforcement order.

Such action, which is focused on addressing the public health risk, can occur irrespective of whether a prosecution is commenced.

What penalties and fines are associated with each risk?

There are three tiers of penalties related to serious and material public health risks, based on the degree of risk to public health, and the knowledge of the person as to the outcome or likely outcome of their conduct.

For individuals these range from:

$40,000 to $100,000 for a material public health risk and

$50,000 to $250,000 for a serious public health risk.

Penalties for body corporates are silent under the Act. However, section 40(5) of the Sentencing Act 1995 (external site) provides that body corporates are liable to fines of 5 times the maximum penalty.

It is the determination of the courts to set the penalties associated with a prosecution.